The House of Delegates met at 10:00 a.m., and was called to order by the Honorable
Richard Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, February 15, 2007, being the first
order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

Chairman White, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:H. B. 2617, Administration, cannibalization of state property,H. B. 2690, Tax department, abusive tax shelters,
And,H. B. 2691, Tax department, reduced sales tax on food,
And reports the same back, with amendment, with the recommendation that they each do
pass but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2617, H. B. 2690, H.
B. 2691) were each referred to the Committee on the Judiciary.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:H. B. 2618, Administration, waste disposal of state property,H. B. 2619, Administration, state funds and grants,
And,H. B. 2677, Racing Commission, thoroughbred racing,
And reports the same back with the recommendation that they do pass but that they first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2618, H. B. 2619 and
H. B. 2677) were each referred to the Committee on the Judiciary.
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:H. C. R. 14, Requesting the Joint Committee on Government and Finance to study the state
of the delivery of health care in West Virginia,H. C. R. 18, Lance Corporal James "Jimmy" Sargent Memorial Bridge,H. C. R. 22, Designating the River City Youth Ballet Ensemble as the Official West Virginia
State Youth Ballet,H. C. R. 28, Requesting the Joint Committee on Government and Finance to study the
potential revenue generating system referred to as the "automatic transaction fee",H. C. R. 29, Requesting the Joint Committee on Government and Finance to study the
establishment of partnerships between the state's colleges and employers,
And reports the same back with the recommendation that they each be adopted.
On motion for leave, a bill was introduced (Originating in the Committee on Government
Organization and reported with the recommendation that it do pass), which was read by its title, as
follows:

H. B. 3117 - "A Bill to amend and reenact §21-11-6 of the Code of West Virginia, 1931, as
amended, relating to clarifying that contractors must have a state contractors license in order to
submit a bid with the state of West Virginia."
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:H. B. 2048, Clarifying public library board service areas as determined by the Library
Commission,
And reports back a committee substitute therefor, with the same title, as follows:Com. Sub. for H. B. 2048 - "A Bill to amend and reenact §10-1-5 of the Code of West
Virginia, 1931, as amended, relating to clarifying public library board service areas as determined
by the Library Commission; and providing for appointment of members at large from the service
area."
With the recommendation that the committee substitute do pass.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:H. B. 2596, Counseling, WV Board of Examiners, license renewal and continuing education
requirements,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2596) was referred to
the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:H. B. 2629,Counseling, licensing rule,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2629) was referred to
the Committee on the Judiciary.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:H. B. 2253, Providing certain correctional officers be transferred into the civil service system
as covered employees,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2253) was referred to
the Committee on Finance.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:H. B. 2804, Eliminating time schedules for utility relocation on highway projects,
And reports back a committee substitute therefor, with the same title, as follows:Com. Sub. for H. B. 2804 - "A Bill to amend and reenact §17-4-17b of the Code of West
Virginia, 1931, as amended, relating to time schedules for utility relocation on highway projects; placing liability and costs on the utility company for failure to comply with proper removal notice;
allowing the division of highways to reimburse utility companies for subsequent relocations due to
plan change after a project is let to construction; and providing for meetings between division of
highways and utilities,"
With the recommendation that the committee substitute do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:H. B. 2544, Increasing the penalty for driving under the influence causing death,
And reports back a committee substitute therefor, with a new title, as follows:Com. Sub. for H. B. 2544 - "A Bill to amend and reenact §17C-5-2 of the code of West
Virginia, 1931, as amended, relating to increasing the penalty for conviction of the offense of driving
under the influence causing death,"
With the recommendation that the committee substitute do pass.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:H. B. 2876, Authorizing local governments to participate in a purchasing card program by
the State Auditor,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Government Organization.
In accordance with the former direction of the Speaker, the bill (H. B. 2876) was referred to
the Committee on Government Organization.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:H. B. 2709, Requiring the installation of fire hydrants at intervals of not more than every two
thousand feet on all new installation of water mains,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2709) was referred to
the Committee on the Judiciary.
Chairman Manchin, from the Committee on Political Subdivisions, submitted the following
report, which was received:
Your Committee on Political Subdivisions has had under consideration:H. B. 3036, Reforming, altering and modifying the county commission of Hampshire County,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 3036) was referred to
the Committee on the Judiciary.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:H. B. 2550, Ensuring that members of the West Virginia State Police, who are called back
to work when off-duty, are to be compensated for those hours,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2550) was referred to
the Committee on Finance.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:H. B. 2866,Requiring public notice of state plan amendments prior to submission and
increasing the membership of the Medicaid Advisory Board,H. B. 2933, Exempting for nursing licensing provisions the care of the sick when done in
connection with the practice of religious tenets,
And, H. B. 3057,Relating to programs for all-inclusive care of the elderly, known as "PACE",
And reports the same back with the recommendation that they each do pass, and with the
recommendation that second reference of the bills to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bills (H. B. 2866, H. B. 2933 and H. B. 3057)
to the Committee on the Judiciary was abrogated.
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:H. B. 3056,Authorizing pharmacists to administer immunizations,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 3056) was referred to
the Committee on the Judiciary.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of S. B. 399 - "A Bill to amend and reenact §17B-2-1a, §17B-2-3a, §17B-2-6, §17B-2-7 and
§17B-2-8 of the Code of West Virginia, 1931, as amended, all relating to the issuance of driver's
licenses; disposition of surrendered licenses; removing an obsolete provision related to the issuance of a driver's license without a photo; providing for the use of a passport in lieu of a birth certificate;
and requiring an applicant to pay a fee for each attempt at the written examination prior to obtaining
an instruction permit"; which was referred to the Committee on Roads and Transportation then the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:S. C. R. 38 - "Urging the President of the United States and Congress to repeal the Real ID
Act of 2005."
Whereas, The federal Real ID Act of 2005 mandates an unfunded national driver's license
on the people of West Virginia; and
Whereas, Implementation of the Real ID Act would cost West Virginia taxpayers
approximately $65 million; and
Whereas, The Real ID Act national database will invite theft of identity and invasion of
privacy; and
Whereas, The Real ID Act will impose inconveniences and higher taxes on West Virginians
with no attendant benefit such as protection from terrorism; therefore, be it Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the President of the United States and Congress to repeal
the Real ID Act of 2005; and, be itFurther Resolved, That the Clerk is hereby directed to forward a copy of this resolution to
the President of the United States, the Secretary of Homeland Security, the Governor of West
Virginia, the President of the United States Senate, the Speaker of the United States House of
Representatives and each member of West Virginia's congressional delegation.

Resolutions Introduced

Delegates Perdue, Argento, Blair, Duke, Hutchins, Iaquinta, Klempa, Kominar, Martin,
Miley, Moore, Pethtel, Porter, Schadler, Staggers, Tucker and Yost offered the following resolution,
which was read by its title and referred to the Committee on Rules:H. C. R. 36 - "Requesting the Joint Committee on Government and Finance to appoint a
select interim committee to study health care reform options, including measures to improve the
health status of West Virginians, measures to reduce the cost of health care, and options for
extending health care insurance to uninsured West Virginians."
Whereas, West Virginia citizens engage in some of the unhealthiest lifestyles in the United
States. For example, in 1990, the West Virginia rate of adult obesity was 15.0%, compared with a
U.S. rate of 11.6%. By 2000, the state rate was 23.2% nationally. Being overweight or obesity are
known risk factors for heart disease, diabetes, hypertension, gallbladder disease, osteoarthritis, sleep
apnea and other breathing problems, and some cancer (uterine, breast, colorectal, kidney and
gallbladder); and
Whereas, West Virginia has one of the highest rates of tobacco use in the United States with
27.3% of West Virginians who smoke and 7.7% who use smokeless tobacco; and
Whereas, West Virginia ranked first in the United States in the prevalence of hypertension
with more than a third of adults (33.6%) having been diagnosed with high blood pressure; and
Whereas, Fewer than two in ten West Virginians consume the recommended five servings
of fruits and vegetables per day one of the lowest ranking in the country; and
Whereas, West Virginia ranked first in the United States in the prevalence of arthritis at
37.2% of the population; and
Whereas, The inflationary cost of health care exceeds growth in wages and exceeds the
overall rate of inflation; and
Whereas, The high cost of health care has forced employers, particularly small employers,
to drop health insurance coverage for their employees; and
Whereas, West Virginia has one of the highest percentage of West Virginians who are uninsured according to the United States Census Bureau with 322,000 West Virginians uninsured
for all of 2005, an increase of 11% over the previous year; and
Whereas, The American College of Physicians have determined that "uninsured Americans
tend to live sicker and die earlier than privately insured Americans," and the Institute of Medicine
has concluded that 18,000 uninsured Americans die prematurely each year; and
Whereas, The uninsured delay seeking treatment, have their illness diagnosed at a more
advanced stage, and are frequently treated in the most expensive settings possible, i.e., emergency
rooms and hospitals; and
Whereas, West Virginia hospitals in 2005 provided slightly more than half a billion dollars
in uncompensated health care, increasing the cost of health care to privately insured West Virginians;
and
Whereas, The state insurance programs may not pay cost of the health care provided to their
insured by physicians and hospitals, further increasing the cost of health care to privately insured
West Virginians; therefore, be itResolved by the Legislature of West Virginia:
That the Legislature hereby request the Joint Committee on Government and Finance to
appoint a select interim committee to study health care reform options, including measures to
improve the health status of West Virginians, measures to reduce the cost of health care, and options
for extending health care insurance coverage to uninsured West Virginians; and, be itFurther Resolved, That the Select Committee on Health Care will report to the 2008 regular
session of the Legislature on its findings, conclusions and recommendations, including drafts of any
recommendations, together with drafts of any legislation necessary to effectuate its
recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this study, to prepare all reports
and draft legislation be paid from the legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Caputo, Guthrie, Webster, Paxton, Doyle, Reynolds, Perdue, Fragale, Hrutkay,
Moore, Fleischauer, Wells, Crosier, Hatfield, Amores, Argento, Barker, Brown, Burdiss, Marshall,
Miley, Spencer, Staggers, Talbott and Varner offered the following resolution, which was read by
its title and referred to the Committee on Rules:H. C. R. 37 - "Disapproving of the decision by George W. Bush, President of the United
States, announced on January 10, 2007, to deploy more than 20,000 additional United States combat
troops to Iraq."
Whereas, The Legislature and the citizens of West Virginia will continue to support and
protect the members of the United States Armed Forces who are serving or who have served bravely
and honorably in Iraq; therefore, be itResolved by the Legislature of West Virginia:
That the Legislature hereby disapproves of the decision by George W. Bush, President of the
United States, announced on January 10, 2007, to deploy more than 20,000 additional United States
combat troops to Iraq; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward
a certified copy of this resolution to George W. Bush, President of the United States, to each member
of the West Virginia Congressional Delegation, and to all Members of the United States Congress.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:

H. J. R. 24 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section one-b, article ten thereof, relating to freezing the homestead exemption when a
person is age sixty-five or older and applies for the exemption unless the person adds significant
value through improvements to the home or secures a loan using the home as collateral; numbering
and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:By Delegates Moore and Craig:
H. B. 3097 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto two new sections, designated §5-10B-3a and §5-10B-10a; to amend and reenact §11-21-12
of said code; and to amend and reenact §36-8-13 of said code, all relating to government employees
deferred compensation plans; authorizing automatic enrollment in a plan; authorizing a matching
contribution program; establishing matching program term; establishing qualifications for
participation; limiting the match to twenty-five percent of employee contributions at a maximum of
one hundred dollars per year, not to exceed four hundred dollars over the life of the matching
program; establishing the Deferred Compensation Matching Fund; specifying that operation of a
matching program is contingent upon funding by the Legislature and may be changed or
discontinued at any time for a time certain or indefinitely; specifying that disbursements from the
matching fund may not exceed one million dollars in any one fiscal year; allowing earnings to accrue
to the matching fund; authorizing a reduction of adjusted gross income by up to two thousand dollars
per year of benefits received under the West Virginia government employees deferred compensation
plan for personal income tax purposes; requiring the unclaimed property administrator to transfer
three million dollars from the unclaimed property trust fund to the matching fund on or before the
first day of June, two thousand seven, and one million dollars on or before the first day of June, two
thousand eight"; to the Committee on Finance.By Delegates Walters and Azinger:
H. B. 3098 - "A Bill to amend and reenact §18-30-2 and §18-30-9 of the Code of West
Virginia, 1931, as amended, all relating to allowing a tax deduction for all prepaid tuition contracts
or college savings plan regardless of whether they are administered by the board of the college prepaid tuition and savings program"; to the Committee on Education then Finance.By Delegate Ellem:
H. B. 3099 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-42-9, relating to requiring that every woman seeking an
abortion be given the opportunity to see an ultrasound image of the fetus; prescribing a criminal
penalty for violations of the section; and providing nothing in the section that can be construed as
approving of abortion"; to the Committee on Health and Human Resources then the Judiciary.By Delegates Reynolds, Craig, Morgan, Stephens, Sobonya and C. Miller:
H. B. 3100 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §11-13W-1, §11-13W-2, §11-13W-3, §11-13W-4, §11-13W-5,
§11-13W-6, §11-13W-7, §11-13W-8, §11-13W-9 and §11-13W-10, all relating to providing a tax
incentive for production companies; providing tax credits for private resident investors; providing
for motion picture infrastructure development; and providing for related matters"; to the Committee
on Finance.By Delegates Brown, Hrutkay, Hatfield, Guthrie and Spencer:
H. B. 3101 - "A Bill to amend and reenact §52-1-11 of the Code of West Virginia, 1931, as
amended, relating to providing an exemption from jury service for breast-feeding mothers"; to the
Committee on the Judiciary.By Delegate Talbot:
H. B. 3102 - "A Bill to amend and reenact §49-5D-2 of the Code of West Virginia, 1931,
as amended, relating to the investigation and prosecution of cases involving child abuse and neglect
generally; authorizing temporary protective custody for children in order to safely conduct child
advocacy center interviews"; to the Committee on the Judiciary.By Delegates Iaquinta, Hartman, Shook, Talbott, Perry and Tabb:
H. B. 3103 - "A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931,
as amended, relating to persons who do not qualify for professional certificates who are issued certificates to serve in the public schools as athletic coaches or other extracurricular activities
coaches; and removing certain limitations on this service when certain conditions are met"; to the
Committee on Education then the Judiciary.By Delegates Doyle, Fleischauer, Klempa and Marshall:
H. B. 3104 - "A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931,
as amended, relating to a severance tax imposed on surface mining activities; proceeds dedicated to
surface mine reclamation fund"; to the Committee on Finance.By Delegates Sumner, Sobonya and Andes:
H. B. 3105 - "A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as
amended, relating to providing a salary increase for civilian employees of the State Police"; to the
Committee on Finance.

H. B. 3106 - "A Bill to amend and reenact §51-2A-3 and §51-2A-5 of the Code of West
Virginia, 1931, as amended; relating to family courts; realigning family court districts; and
increasing the number of family court judges"; to the Committee on the Judiciary then Finance.By Delegates C. Miller and Andes:
H. B. 3107 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-2-7d, relating to requiring all high schools to teach fetal
development; and providing that nothing contained in this section can be construed as approving of
abortion"; to the Committee on Education then the Judiciary.By Delegates Sobonya, Moye, Stephens, C. Miller and Reynolds:
H. B. 3108 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-2-8a, relating to making it illegal to transport a minor across
state lines to obtain an abortion without written consent by both parents, and providing for a
penalty"; to the Committee on Health and Human Resources then the Judiciary.By Delegates Sobonya, Rowan, Stephens and Reynolds:
H. B. 3109 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §61-8G-1, §61-8G-2, §61-8G-3, §61-8G-4, §61-8G-5, §61-8G-6
and §61-8G-7, all relating to the operation and activities of sexually oriented businesses; criminal
penalties"; to the Committee on the Judiciary.By Delegates Sobonya, Reynolds, Craig, Morgan, C. Miller, Stephens and Duke:
H. B. 3110 - "A Bill to amend and reenact §49-6A-8 of the Code of West Virginia, 1931,
as amended, relating to increasing criminal penalties for failing to report child abuse"; to the
Committee on the Judiciary.By Delegates Perdue and Sobonya:
H. B. 3111 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §27-1B-1, §27-1B-2, §27-1B-3, §27-1B-4, §27-1B-5 and §27-1B-6,
all relating to treatment for drug and alcohol addiction; setting forth certain legislative findings;
providing a procedure for extended involuntary treatment programs; setting forth certain rights of
persons subject to involuntary treatment; requiring certain findings; limiting persons who may
petition for involuntary commitment; requiring guaranteed payment; providing for a court hearing;
and requiring certain reports to be filed with the Governor and the Legislature"; to the Committee
on Health and Human Resources then the Judiciary.By Delegates Campbell and Canterbury:
H. B. 3112 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §19-20C-1, §19-20C-2, §19-20C-3, §19-20C-4, §19-20C-5, §19-
20C-6, §19-20C-7 and §19-20C-8, all relating to providing for the Dangerous Dog Act; defining
terms; providing for the determination of a potentially dangerous dog; providing for the
determination of a dangerous dog; providing exceptions; providing consequences of a dangerous or
potentially dangerous dog determination; providing registration and handling requirements for
dangerous and potentially dangerous dogs; setting forth responsibilities of owners of dangerous and potentially dangerous dogs; and providing criminal and civil penalties"; to the Committee on
Agriculture and Natural Resources then the Judiciary.

H. B. 3113 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §5-1F-1, §5-1F-2, §5-1F-3, §5-1F-4 and §5-1F-5, all relating to the
Medical Cost Containment Act; creating the Governor's Health Care Partnership Council;
prescribing duties for the Council; providing for the review of new technologies; and providing for
advanced directives of living wills, medical powers of attorney and combined medical powers of
attorney and living wills"; to the Committee on Finance.By Delegates Craig and Frederick:
H. B. 3114 - "A Bill to amend and reenact §22A-1-1 and §22A-1-31 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §22A-
11-1, §22A-11-2, §22A-11-3, §22A-11-4, §22A-11-5, §22A-11-6, §22A-11-7, §22A-11-8, §22A-11-
9, §22A-11-10, §22A-11-11, §22A-11-12, §22A-11-13 and §22A-11-14; and to amend and reenact
§23-4-2 of said code, all relating generally to the creation and implementation of drug-free
workplaces in coal mines; requiring Office of Miners' Health Safety and Training to ensure drug-free
workplaces in the mining industry; adopting procedures for the suspension or revocation of miners'
certification upon proof of confirmed positive drug tests; requiring breach of duty hearings to be held
within twenty days; establishing process and conditions for reissuance of miners' certification;
authorizing Director of Office of Miners' Health Safety and Training to require all operators to adopt
drug-free workplaces programs at coal mines; assessment of fee for costs; requiring employers to
pay for cost of drug tests for employees; providing for definitions; requiring all companies providing
safety-sensitive services to mine operators to have drug-free workplace program for certain
employees; providing immunity from wrongful discharge lawsuits for employers who implement
program; implementing process for drug testing and appellate procedure; permitting the Office of Miners' Health Safety and Training to require drug and alcohol test in serious mine accidents of
certain persons; requiring alcohol and drug tests on all mine fatalities; requiring applicants for
additional certifications to be certified drug free; ensuring substance abuse training; requiring
minimum level of alcohol and substance abuse training and proof of being drug and alcohol free for
certification; requiring proof of drug and alcohol free for applicants as apprenticeship miner or miner
certification; requiring Office of Miners' Health Safety and Training to provide drug testing program
for apprentices; providing for cost reimbursement or acceptance of results of certain other drug tests;
providing for confidentiality of drug test results and exemption from the West Virginia Freedom of
Information Act; allowing for release by consent or compulsion by court order; establishing
relevancy to legal claim asserted by applicant; prohibiting use of results in criminal proceedings
against applicant; requiring substance abuse awareness training for emergency medical services
personnel in mines; providing for severability; and modifying rights of certain employees to receive
indemnity benefits and common law right to sue where accident proximately caused by employee's
intoxication"; to the Committee on Industry and Labor, Economic Development and Small Business
then the Judiciary.By Delegate Michael (By Request):
H. B. 3115 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to authorizing the Division of Motor Vehicles to create and issue a 'Sons of the
Confederacy' license plate"; to the Committee on Roads and Transportation then Finance.

H. B. 3116 - "A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931,
as amended, relating to authorizing the Division of Motor Vehicles to issue a 'Choose Life' license
plate displaying the 'Choose Life' logo"; to the Committee on Roads and Transportation then
Finance.

Special Calendar

Unfinished Business

At the request of Delegate DeLong, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges
of the floor to invited guests for a presentation by the House.H. C. R. 4, Rodney Morgan and Rodney "Ronnie" Staton Memorial Bridges; coming up in
regular order, as unfinished business, was read by the Clerk and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.

Third Reading

Com. Sub. for H. B. 2206, Prohibiting a person not the owner of a dog from removing tags,
collars or apparel from a dog without the permission of the owner; on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 78),
and there were--yeas 92, nays none, absent and not voting 7, with the absent and not voting being
as follows:
Absent And Not Voting: Beach, Duke, Fleischauer, Frederick, Hutchins, Mahan and
Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2206) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for H. B. 2575, Relating to commercial driver's licences;on third reading, coming
up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 79),
and there were--yeas 91, nays 1, absent and not voting 7, with the nays and absent and not voting
being as follows:
Nays: Porter.
Absent And Not Voting: Beach, Duke, Fleischauer, Frederick, Hutchins, Mahan and
Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2575) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.H. B. 2712, Regarding whether a bank's application to establish a branch presents a
significant supervisory concern or significant legal or policy issue; on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 80),
and there were--yeas 92, nays none, absent and not voting 7, with the absent and not voting being
as follows:
Absent And Not Voting: Beach, Duke, Fleischauer, Frederick, Hutchins, Mahan and
Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2712) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for H. B. 2741, Relating to worthless checks; on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 81),
and there were--yeas 92, nays none, absent and not voting 7, with the absent and not voting being
as follows:
Absent And Not Voting: Beach, Duke, Fleischauer, Frederick, Hutchins, Mahan and
Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2741) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.H. B. 2745, Increasing the fine for furnishing alcohol to persons under 21 years of age; on
third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 82),
and there were--yeas 93, nays none, absent and not voting 6, with the absent and not voting being
as follows:
Absent And Not Voting: Beach, Duke, Fleischauer, Frederick, Mahan and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2745) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.H. B. 2825, Eliminating the provision that allowed private clubs segregated on the basis of
race or color to obtain a license to sell alcoholic beverages; on third reading, coming up in regular
order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 83),
and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Beach, Duke, Fleischauer, Frederick and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2825) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.H. B. 2956, Relating to civil actions filed in the courts of the state; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 84),
and there were--yeas 94, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Beach, Duke, Fleischauer, Frederick and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2956) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for H. B. 2718, Relating to local option elections on whether table games will
be allowed at existing licensed pari-mutuel racetracks;on third reading, coming up in regular order,
was read a third time.
Approximately two hours of debate transpired prior to the vote on the passage of the bill.
Delegates DeLong, Andes and Schoen requested to be excused from voting on the passage
of Com. Sub. for H. B. 2718 under the provisions of House Rule 49.
The Speaker refused to excuse the Members from voting, stating that they were members of
a class of persons possibly to be affected by the passage of the bill and that they demonstrated no
direct personal or pecuniary interest therein.
The Clerk announced that the following had paired in accordance with House Rule 43:
Paired:

Absent And Not Voting: Frederick and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2718) passed.
Delegate Frederick submitted a written request that the Journal record his preference as
voting "Nay" on the passage of the bill, had he been present for today's session.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.

Second Reading

The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:Com. Sub. for H. B. 2178, Providing criminal penalties for persons convicted of human
trafficking and involuntary servitude offenses,Com. Sub. for H. B. 2790, Authorizing magistrate courts to assess a fee for record searches,Com. Sub. for H. B. 2840, Relating to transportation of wildlife outside of the state,
And,Com. Sub. for H. B. 2972, Relating to electronic voting systems; requiring the ballot to be
clearly marked or punched for a write-in position.

First Reading

The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:H. B. 2772, Ensuring the Public Employees Insurance Agency will continue and maintain
medical and prescription drug coverage for medicare eligible retired employees,
And,Com. Sub. for H. B. 2875, Providing a procedure in which to fill a vacancy on a county
commission in the event the remaining commissioners cannot agree.
Delegate Hutchins announced that he was absent when the votes were taken on Roll Nos. 78
through 81, and that had he been present, he would have voted "Yea" thereon.

Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day
were granted Delegates Duke, Frederick and Walters.
At 12:29 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 19,
2007.